The Fair Speed Limit Act of 1993

To provide a fair and reasonable national standard for the setting of speed limits

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short Title.

This Act may be cited as `The Fair Speed Limit Act of 1993'.

SEC. 2. References.

Except as noted otherwise, title and section references herein are to sections of title 23, United States Code.

SEC. 3. Findings.

The Congress finds that--

(1) The national maximum speed limit lacks public support and is hindering the application of engineering based speed zoning practices.

(2) Federally sponsored studies have repeatedly proven that the safest and most efficiently enforced speed limits are those based on the `85th Percentile Rule'--a speed limit that reflects and considers legal actions of normally prudent and reasonable drivers.

(3) The setting of speed limits below those acceptable to responsible motorists leads to large scale noncompliance, misallocation of enforcement and judicial resources and safety problems caused by erratic traffic flow.

(4) National speed limit standards that encourage the use of proven traffic engineering principles will permit the States and their respective local units of government to accommodate their unique travel environments. The result will be greater efficiency, enhanced safety, fairness, economic progress, and better use of enforcement and judicial resources.

SEC. 5. National Speed Limit Standards.

(a) No speed limit shall be set to exceed, to the nearest five mile per hour increment, the 85 percentile speed of free flowing traffic.

(b) No speed limit shall be set below, to the nearest five mile per hour increment, the 67 percentile speed of free flowing traffic.

SEC. 6. Repeal of National Maximum Speed Limit.

(a) Sections 154 and 141(a) of title 23, United States Code, and section 329 of the Department of Transportation and Related Agencies Appropriations Act, 1988 (Public Law 100-102), and section 1029 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240) are repealed.

SEC. 7. Establishment of National Speed Limit Standard.

(a) Each State shall measure a representative sample of free flowing vehicle speeds on distinct classes of streets, roads, and highways. Statutory speed limits for each class of street, road, or highway shall represent the 85 percentile speed for that entire class of street, road, or highway.

(b) Individual streets, roads, or highways or segments thereof that exhibit traffic speeds significantly different from those specified by statute shall be posted with separate speed limits that reflect 85 percentile speeds of free flowing traffic.

(c) No street, road, or highway shall be posted nor have enforced a speed limit lower than the 67 percentile speed of free flowing traffic.

(d) Exceptions to subsection (c) shall include construction and school zones.

SEC. 8. Enforcement.

(a) The Secretary of Transportation shall not approve any project under section 106 of this title in any State which has a maximum speed limit in excess of the 85 percentile speed of free flowing traffic, as determined by established traffic engineering practices.

(b) With the exceptions noted in section 7(d) of this Act, the Secretary of Transportation shall not approve any project under section 106 of this title in any State which has a maximum speed limit less than the 67 percentile speed of free flowing traffic, as determined by established traffic engineering practices.

(c) Each State shall certify to the Secretary before January 1 of each year that it is enforcing all speed limits on public highways in accordance with section 5 of this Act.